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(영문) 서울남부지방법원 2015.08.26 2015가단208751
건물명도
Text

1. The defendant shall be the plaintiff.

A. To deliver the real estate listed in the separate sheet, and to the above real estate from July 1, 2015.

Reasons

1. Basic facts

A. On June 11, 2013, the Defendant entered into a lease agreement with the Plaintiff to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 13,00,000 as lease deposit, KRW 1,300,000 as monthly rent (excluding value-added tax), and the period from June 1, 2013 to May 31, 2014 (hereinafter “instant lease agreement”), and agreed to pay damages for delay at the rate of 10% per annum if the monthly rent is overdue.

B. On February 6, 2014, the Plaintiff sent to the Defendant a content-certified mail that terminates the instant lease agreement on the grounds that the Defendant did not pay any difference under the instant lease agreement. The content-certified mail was sent to the Defendant around that time.

C. As of June 30, 2015, the rent in arrears that the Defendant is obliged to pay to the Plaintiff and the damages for delay thereof amounting to KRW 40,077,383.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above fact-finding, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination around February 6, 2014.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay unjust enrichment equivalent to the rent of KRW 1,430,00 per month from July 1, 2015 to the completion date of delivery of the said real estate. The Defendant is obligated to pay damages for delay at each rate of KRW 27,07,383 calculated by deducting KRW 13,00,00 from the lease deposit that the Plaintiff was paid by the Defendant at KRW 40,077,383, including the above overdue rent, and the remainder of KRW 27,07,383, which was paid by the Plaintiff from July 1, 2015 until the delivery date of the application for change of the purport of the instant claim and the cause of the claim from July 6, 2015, and KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. If so, the plaintiff's claim of this case is reasonable and acceptable.

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